ALLEN NORTON « BLUE
PROFESSIONAL ASSOCIATION
906 North Monroe Street # Tallahassee, Florida 32303
Telephone 850-561-3503 «Facsimile 850-561-0332
April 24, 2015
VIA UNITED STATES MAIL
AND ELECTRONIC MAIL
jkimn246@gmail.com!
Ms. Maren DeWeese
2435 Semoran Drive
Pensacola, Florida 32503
Re: Tamara Fountain
Dear Ms. DeWeese,
Lam in receipt of your e-mail dated April 23, 2015 concerning the William Reynolds v.
City of Pensacola lawsuit, which is addressed to Bradley Odom, Mr. Reyonlds’ attomey. I am
responding to correct several factual and legal assertions made in your e-mail. Initially, it should
be noted that Tamara Fountain is responsible for, and has direct supervision of the City's
Airport, including its Interim Airport Director under the City’s organizational structure now and
at the time of your public records request. Accordingly, your claim that Dick Barker was the
Interim Airport Director’s superior at the time of your public records request is misplaced.
Notwithstanding the relevancy of the foregoing, the document attached to your email (an
e-mail between Ms, Fountain and Dan Flynn and the forwarding of that e-mail to consultant Chip
Henderson with Emagination) is a public record. The document is neither confidential nor
exempt under Chapter 119, Florida Statutes. That is precisely why it was produced to you
pursuant to your public records request. Therefore, Ms. Fountain did not “leak” confidential
information or deprive “Mr. Flynn of his rights as an employee to confidentiality regarding his
employment matters” as you allege, As a public employee, Mr. Flynn’s personnel records are
public records. See F. S. 119.07(1); Michel v. Douglas, 464 So..2d 545 (Fla. 1985); and Alterra
Healthcare Corporation v, Estate of Shelley, 827 So. 2d 936, 940 n4 (Fla. 2002).
Lastly, Ms. Fountain’s actions in forwarding this public record to Mr. Henderson are not
“remarkably similar” to the conduct of Mr. Reynolds. As you know, the document(s) you
surreptitiously received from Mr. Reynolds were not public records and were exempt under F. S.
119,071(2)(g)l.a. and 2. Moreover, there were additional circumstances, not present here, that
resulted in Mr. Reynolds” separation from the City. Please know that the City considers these
reckless accusations against Ms. Fountain to be defamatory. I trust that this correspondence
Miami * Orlando
Tallahassee ¢ Tampa
fate of Workaw’ Network: The Nationwide Network of Management Labor and Employment Law Firms
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Page 2
adequately addresses your concerns and that you will focus your efforts to assist Mr. Reynolds in
his lawsuit in a factual manner.
Sincerely,
tae
Robert E. Larkin, 111
REL/s|
ALLEN, NORTON & BLUE, PA,
PROFESSIONAL ASSOCIATION